Utah Tech MAKERSPACE Waiver of Liability
In consideration of being permitted to use the Atwood Innovation Plaza Makerspace (“Makerspace”), I, the undersigned, individually and on behalf of my personal representatives, heirs and assigns, acknowledge and agree to the following:
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Assumption of Risk: I understand the unusual risks involved and hazards connected with the activities and materials used in the Makerspace and am fully aware that using the Makerspace for any purpose could pose a serious risk to my health or cause death. I have elected to voluntarily participate in activities at the Makerspace and I understand that my use of the Makerspace involves risks which I am assuming that include but are not limited to physical or psychological injury, pain, suffering, illness, disfigurement, temporary or permanent disability (including paralysis), economic or emotional loss, and/or death. I understand that these injuries or outcomes may arise from my own or other’s actions, inaction, or negligence or the condition of the Makerspace. I assume all related risks, both known or unknown to me, of my use of the Makerspace and further agree to accept all Makerspace requirements for use of the Makerspace and to follow Makerspace policies as well as instructions given by supervisory personnel at the Makerspace. I am voluntarily using the Makerspace and I acknowledge and fully assume the risks associated with my enrollment and my use of the Makerspace. *
**INITIAL BELOW**
Acknowledgement of Makerspace Rules and Policies/Procedures: I understand it is my responsibility and it is required to read, become familiar with, and to follow the Makerspace standards, rules, and regulations and to comply with the rules, policies, and procedures of the Makerspace.  I will follow all posted Makerspace rules; which rules may be changed from time to time. If I violate these rules, I assume all risk of injury, illness, damage or loss to me or my property or to Makerspace property. I understand that my failure to follow all posted rules, policies, and procedures can result in the revocation of my right to use the Makerspace. *
**INITIAL BELOW**
Equipment Acknowledgment I will inspect all equipment and facilities to be used and will not use any equipment which I believe to be damaged or defective. I will promptly notify a Makerspace employee of anything which I think could be damaged or defective. *
**INITIAL BELOW**
Indemnification and Hold Harmless: I agree to indemnify and hold the Makerspace and Utah Tech University, the Board of Trustees, directors, officers, employees, and agents (collectively referred to as “UT”) harmless from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including attorney’s fees, arising out of my use, whether caused by negligence of UT, of the Makerspace and to reimburse UT for any such expenses incurred. *
**INITIAL BELOW**
Release of Liability and Waiver: In return for being permitted to use the Makerspace, including any associated use of the premises, facilities, staff, equipment, and services of the Makerspace and UT, I, for myself, heirs, personal representatives, and assigns, do hereby release, waive, discharge, and promise not to sue the Makerspace,  UT, the Board of Trustees, directors, officers, employees, and agents (collectively referred to as “UT”), from liability from any and all claims, including the negligence of UT, resulting in personal injury (including death), accidents or illnesses, and property loss in connection with my use of the Makerspace and its premises and facilities. *
**INITIAL BELOW**
Governing Law and Severability: I understand that this document is written to be as broad and inclusive as legally permitted by the State of Utah and agree that if any portion is held invalid or unenforceable, I will continue to be bound by the remaining terms. I agree that this Agreement shall be governed by the laws of the State of Utah, and any disputes arising out of or in connection with this Agreement shall be under the exclusive jurisdiction of the state District Courts of the State of Utah. *
**INITIAL BELOW**
Understanding and Acknowledgement: I acknowledge that I am aware of potential risks related to my use of the Makerspace.  I have read all previous paragraphs, including the release of liability and waiver, assumption of risk, and indemnity agreement, know, fully understand its terms, acknowledge these and other risks that are inherent to use of the Makerspace and understand that I am giving up substantial rights, including my right to sue. I acknowledge my participation and use of the Makerspace is voluntary, that I knowingly assume all such risks, and that I am signing the agreement freely and voluntarily, and intend by my signature to be a complete and unconditional release of all liability to the extent allowed by law. No other representations concerning the legal effect of this document have been made to me. I am 18 years or older. I have read this document and fully and completely understand the potential risks that may be associated with the program, activity or course. I have read this two-page document and I am signing this document freely and voluntarily. *
**INITIAL BELOW**
Signature: *
Date: *
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If Patron is under 18 years of age:I am the parent or legal guardian of the Patron. I have read this two-page document, and I am signing it freely and voluntarily. I understand the legal consequences of signing this document, including (a) release of UT from all liability on my and the Patron’s behalf, (b) waiver of my and the Patron’s right to sue UT, (c) and assumption of all risks of the Patron’s participation in the program, activity or course, including travel to and from. I allow Patron to participate in the program, activity or course, and I understand that I am responsible for the obligations and acts of Patron as described in this document. I agree to be bound by the terms of this document.
Parent/Guardian Signature and Date:
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